§ 14-121. Application; investigation, denial.

(a)

Upon receipt of the completed application, the director shall make or cause to be made an examination or investigation of the applicant and all of the facts contained in said application in relation to the proposed sale.

(b)

The director may deny or refuse to issue a permit to an applicant if, on the basis of said investigation, the director finds:

(1)

That the applicant, either directly or indirectly, and within one (1) year prior to the date of the filing of the application, has conducted a sale in connection with which he advertised or represented that the entire business conducted at the particular location was to be closed out or terminated;

(2)

That the applicant was previously granted a permit hereunder within one (1) year preceding the date of the filing of the application, where such permit was based upon an application setting forth that the entire business conducted at a particular location was to be closed out or terminated;

(3)

That the applicant has previously been convicted of a violation of this Section within a period of three (3) years preceding the date of the filing of the application; or,

(4)

That the applicant has willfully and deliberately stated false information on the application.

(c)

The director shall not deny or refuse to renew a permit hereunder without first affording the applicant an opportunity for a hearing thereon. At least fifteen (15) calendar days prior to the date set for the hearing, the director shall notify all parties to the proceedings in writing of the date, time and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by delivery of the notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the director shall render a decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail.

(CB-1-1974)